CLIENT: HELP MY LANDLORD IS THROWING OUT MY THINGS!

a call from my client woke me up from sleep this morning. it was a cry for help. it happened that for close to two years he has not paid his rent, he consulted me five months ago seeking my counsel on how to go about his financial mess vis a vis his unpaid rent, i did advice that since his landlord was no longer interested in him as his tenant, it was time for him to go, but that it was important  we replied the latest notice to quit, stating clearly when he intends to vacate the premises. that was the last time i saw him until yesterday when he brought my legal fees to commence a reconciliation process with his landlord, i did the draft copy of the letter, which he was suppose to read today, before we send it to the Landlord's lawyer, but that letter was never typed as the landlord came in this morning with touts to throw out his things. i got to the premises in time to meet the Landlord and the touts, as they sealed up the premises. the Landlord told me expressly and confidently, that he knew his actions were wrong and unlawful, but that he was ready for the consequences of his actions, he said the Tenant has not paid him since 2010, and that his daughter needed the apartment for her personal use. i was shocked as it turned out that the Tenant lied to me about the duration of time and debt owed. i appealed to the landlord, but he nodded his head continuously, there was no going back, what is done is done. i felt for my client's  wife and 5 months old baby and other kids that lived in the house ( his nephews). nothing much for me to do or say, he delayed after my advice and now it was purely a police
case, unfortunately for him , i had a matter in court, so i left him behind to sort himself. well going to the police for help or justice is sincerely a waste of time and money, i would have told him so straight away but an angry man in his situation may not listen to me, i had to allow him discover that for himself. he got to the police station and i believe was adviced to do the right thing, relocate his family. i refunded my legal fees, and wished him well. its sad when tenants  deliberately refuse to pay their rents, its also frustrating when landlords get delayed justice from our courts.  my advice to Tenants is that embarrassments like this is not worth it. please pay your rent and if you have financial issues be polite to your landlord, if things get so bad and you can no longer afford the rent, move to a cheaper apartment. as for landlords facing similar stress, get a competent lawyer to file an action in court, using touts is so uncivilized. its horific! Godbless

THE NEW DRIVER'S LICENCE

For some time now, i have being planning to commence the process of renewing my driver's licence. So i decided to visit the local government close to me today, for the process. when i got there i was told to produce my  current driver's licence which expires on the 1st of september 2013 for confirmation, the numbers on my driver's licence where entered into the system and i was told that it was not registered with the Federal Roads Safety Agency (FRS). in simple English it means my Driver's licence is FAKE! i was shocked, it was as if the ground should open and swallow me. how on earth  did i get a fake driver's licence. i had to take a few minutes to digest the news, i called my hubby first to inform him of my discovery, i expected him to be shocked but he responded calmly, 'only few people in Lagos State have the original driver's licence'. but i remember i got mine from (FRS) so why is mine fake, what a country. its funny that for three years i have being using an unregistered driver's licence, i have used this licence to process lots of documents, i have shown it to men of the FRS, Police, LASTMA etc, yet nobody ever queried it. well i recovered quickly and i was told the requirements, aside downloading the forms on line, i have to go to driving school, get learner's permit, come for driving test and take examination. i honestly do not have issues with the driving test, as far its an authomatic car i would be using for the test, and not the manual lorry given for the test. the process is tedious and hell! why cant we just make things easy for ourselves. well i have to be back to my office to prepare for my case tomorrow. wishing you a lovely week ahead. Godbless. Cheers.

CAR ROBBERY IN MY NEIGHBORHOOD

My neighbor was driving his truck(popularly called JEEP  in Nigeria) on his way home, from work after a hard day's work, our roads are bad, and so he was forced to slow down, after-all  he was almost home, just  five minutes drive and he would be home, then he heard a bang at the back of his truck, it was a bike rider with a passenger at the back (popularly called OKADA Riders in Lagos), the bike rider claimed that my neighbor had hit him from behind, he ignored them and continued driving, before he knew what was happening the bike rider was in front of his truck, shouting at him, he made the mistake of innocently arguing with them, before he could say 'Jack Robinson', the passenger on the bike jumped off, from the bike, other boys appeared with guns , they started to hit, my neighbour, pushed him away from the driver's seat, and drove off. with him in the car, they collected his ATM card, asked him for his pin number and threw him off the moving truck. He trekked  home, with blood dripping from his head. sadly lots of  people witnessed this but no one called for help or made any attempt to rescue him. he got home around 11pm, my husband drove him to the police station, to make a report, the policemen on duty were more interested in how much they could make from an injured victim. they requested for N5,000.00 before they would radio other units. my husband was so disappointed. well they had no cash on them so they left without dropping a dine but prayed that the police would make the call, then their next stop was  a private hospital, the doctors refused to attend to them, claiming that they would not treat him since the police was now involved. so they ended up at a government hospital, were my husband said they met,others who had just being attacked by robbers.a mother and her son particularly caught his attention, they had both received matchet  cuts on their heads from their attackers,  they got home around 1.30 am. That was risky. i am sharing this so that others would know how these robbers operate. When they hit you from behind, and in most cases you will stop to check your car and they attack. Christmas is around the corner, be careful. the case is still under investigation, the robbers withdrew, N40,000.00 from his account, our neighbor and the bank are trying to trace where the withdrawal was made. please dont leave too much money in an account you have with ATM CARD. we pray for a better police system and good roads in Nigeria,  for now we are all on our own. God please protect us all

CLIENT: "I WANT TO DIVORCE MY HUSBAND"

She worked into my office with a veil covering her head, and sunglasses covering her eyes, when she unveiled herself, I said a silent waoh! , she was the most beautiful female client to step into my office. I had been pre informed of the purpose of her visit but I wanted to hear it from her. We exchanged pleasantries and I asked why she wanted to see me, and out came the bomb ‘ I want to divorce my husband’. So I got my pen and paper and started to ask questions and take note. They have being married for less than two years, the marriage broke down three months after the marriage. The marriage ceremony took place in a marriage registry in Lagos State and no member of her family or friend was present. I asked for her marriage certificate, which is proof of marriage, but she claimed that the certificate was removed from her box by her husband. She wanted a divorce because after the marriage she discovered that information she had about him was false. Shortly after her marriage the realized that she was his sixth wife or should we say the sixth woman he would be marrying, she has no proof of a divorce with any of his wives, and he is over 25 years older than her. Her husband is based abroad, the plan before the marriage was for her to relocate and join him, but she later discovered that the original plan was for her to relocate to his village and live with his parents. That was why no accommodation was provided for her after the marriage. After listening to her story, and allowing her to dry her tears, I had to tell her the truth, citing and reading out the relevant sections from our Matrimonial Causes Act, I told her that she could not file for divorce less than two years after marriage unless she could proof that there was hardship or an exceptional depravity. But if she could proof that her husband was still married to any of these other women as at the time, she married him, then the marriage would be void and the court can grant a divorce. All other issues she raised where just sentimental, because as far as any one is concerned her family would have verified issues before giving their daughter out. She married for the money, and the dream of travelling abroad. I also suggested reconciliation, with the help of family members, that is if there is no proof of a subsisting marriage, but if really the marriage has broken down irretrievably then both parties can quietly divorce in court, with out going through an embarrassing trial.  This is my advice for young girls who just want to jump into marriage for the money, you soon discover that marriage is not a fairy tale, its all about patience, tolerance and real /genuine love. Look before you leap.  

Now nine months old.

how time flies, cant believe that my baby boy is now nine months old today, and we are already counting down to his birthday. i give thanks to Almighty God for everything. today we went for his immunization given at nine months old, measles, yellow fever and vitamin A. this picture was taken at the immunization centre.

My Philosophy: Key to happiness is contentment!

My philosophy about life is  very simple. i believe that life is simple, life is easy, but man makes it complex by worrying over everything. No matter how hard you worry, what will be will be. I don't believe that i am better that any one, neither do i think that anyone is better than me.I respect others for their accomplishment in life and pray that God blesses me and my family. To this end i am not envious of anyone but very content with what i have, little be it or much, as  i strongly believe that the key to happiness is contentment. i do not believe that there is any man on earth who has it all, any one who tells you that he has it all is lying, just like the economist say,'human wants are un satiable'. beauty lies within a person, a good intellectual discussion makes my day, you don't need to be  Agbani Darego (Former Miss world), or prince charming to win my heart. i don't think the man living in a mansion or castle is better than the man in a bungalow. my reasons are simple, the man in a mansion can only sleep in one room at a time, so is the man in the small house, the man in the mansion has lots of beds in his house but can only sleep on one bed, same is with the man in the small house, on that bed, the man in the mansion can not spread his whole body on the bed, same with the man living in the bungalow. I believe you i can live anywhere in the world, a village, a forest, city, town, as far as the basic amenities to survive are available,  so to me life is easy, simple, whatever your status, work hard and be content.  

MY THOUGHTS ON RELIGION

 MY THOUGHTS ON RELIGION

The recent story of the pastor’s daughter who converted to Islam has being on the social media, for some weeks now, most Muslims displaying her pictures on Facebook with pride. I really don’t know why there is so much hype about her story, she is definitely not the first Christian to convert to Islam, or if I may say not even the first pastor’s daughter to convert to Islam. Her story only became popular, thanks to the social media. The same also applies to Muslims who have converted to Christianity. And also Muslims and Christians who have converted to other religion like Grail Message , Eckanka, Buddhism, AL Krishna, Matasini, Guru Maharaji, Ekist, Traditional worshippers, sango, Uchi, etc.  I really don’t understand the reason or reasons behind this disdain for each other’s religious believes, the arguments sometimes goes  on with so much bitterness, debate upon debate, analysis here and there of how, one religion is better than the other. Some have concluded in their hearts and aloud those going to hell and the lucky ones to go the paradise. Infact we have stories of people who died , came back to life with tales of those they saw in hell and messages from important people, including some known pastors, who are burning in hell. Then we have boko haram, in the Northern part of Nigeria, killing innocent people in the name of religion. How merciful is God! When I see the way people present their arguments on superiority of one religion over the other, I wonder, who amongst these preachers was present when any of the Holy Books which they so defend was revealed and first published. The answer is rhetoric: nobody! Yet we have all been born to believe the content of these Holy Books, BIBLE:  that Jesus is your Lord and personal Saviour, Jesus Christ died for our sins, HOLY QURAN: Prophet Mohammed (SAW) is the last Messenger of Allah, there is only one True God and we can pray to Him directly. ECKANKA: You can communicate with God through sounds. GRAIL MESSAGE: There is nothing like Anti Christ coming at the end of time, the real anti Christ where those who crucified Jesus Christ, they were the anti Christ. I  can go on and on. i have always pondered on these issues, until one day while reading the Quran I stumbled on a verse that said, that no man should judge any other man on his religious believes, only Almighty God would be the judge over that which we differ.

Its based on this that I do not judge others and their religious beliefs, I mind my business. I don’t even share my views unless my opinion is sought and I do it as politely as I can. I always pray that people don’t bring such topics to my doorstep, because i could be so blunt. I speak on my religious beliefs, but I restrain myself to my belief  and those that believe in my faith, without crossing boarders. I wish we all live like this; I wish we stop fighting one another over nothing. I pray we stop the hate, stop the bombing, stop the killing, stop the abusive words. Allow those who convert from one religion to another to freely practice what they so desire. No matter how much you desire to have people practice your religion, you cant convert the whole world into your religion. God is watching us from above, and I believe angry at what his creation (Humans) have turned earth into, a battlefield of words and negative energy. I pray that God opens our hearts to love one another more sincerely, irrespective of our respective religious beliefs.    God bless u all! 

AL MUSTAPHA’S CASE: JUSTICE DELAYED.

AL MUSTAPHA’S CASE: JUSTICE DELAYED.

Have you heard of the Slogan ‘Justice delayed is justice denied’! that’s how best I wish to describe the Al Mustapha’s case. A lot of people are moaning and angry about the final decision of this case. My God, the man walked out of the court room a freeman after over ten years of trial. Honestly I am shocked that people are angry. Al Mustapha’s case is simply a reflection of the rot in our judiciary and police system. A man commits an offence, or is accused of committing an offence, he is arrested, charged to court, and for one year, trial has not commenced, the court keeps adjourning the case, the witnesses are not available, you have to constantly look for them, the Investigating police office (IPO) who is also a witness is never available, he may be on police academy course today, or tomorrow, he is on transfer to another state. When the IPO finally makes his appearance, then the court discovers that there is no sufficient evidence, while we are trying to sought out the issue of evidence, the judge is transferred to another state or court, sacked or retired, then a new judge steps in and the case starts afresh. Then we go back to the same delay tactics, adjournment upon adjournment. When its time to give evidence, there is no more evidence, reasons not far fetched, the IPO in the first place did not do proper investigation, no proper records, the ones in the cold room went bad because no constant electricity to keep them in their original form, or maybe Boko Haram, bombed the police station were the records were kept, or the record room got burnt and the fire service could not get there on time to put off the fire, or fire service had no water to put off the fire, so all evidence  were lost. While all these are happening, time is going, guilty or not guilty man is still in prison, on the awaiting trial list. While we are still on trial, the judge is transferred again, this time, the case is half way gone, so the lawyer for the accused may apply that the matter be transferred to the new court where the judge has been moved to, that may take another year before approval is granted. That’s how people waste time in our courts. Finally its judgment day with little or no evidence, the accused or defendant is found not guilty, discharged and acquitted. Our judiciary/ police system is sick and in dying need of rehabilitation, though some states are improving we still have a long way to go. That’s why Al Mustapha walked out of the court and prison a freeman, no evidence and no proper investigation. My heart goes out the innocent men and women rotting away in our prisons. 

By: Halima Musa-Bakwunye  

WIKIPEDIA: “Hamza al-Mustapha was the Chief Security Officer (CSO) of General Sani Abacha, military head of state of Nigeria from November 1993 to June 1998. After Abacha's death he was arrested and tried for murder and attempted murder of Kudirat Abiola. On 30 January 2012, a Lagos High Court sitting at Igbosere convicted Major Hamza Al-Mustapha over the murder of Kudirat Abiola, the wife of the acclaimed winner of the June 12, 1993 Presidential election, Chief Moshood Abiola. He was also sentenced to death by hanging but was discharged and acquitted of the crime by the appeal court, Lagos division on Friday, July 12, 2013. The appellate court said there was not enough evidence to incriminate Al-Mustapha in the murder of the Late Kudirat Abiola. On 12 July 2013, The Court of Appeal in Lagos discharged and acquitted Hamza Al-Mustapha from the murder of Kudirat Abiola. The verdict overturned that of the Lagos High Court which sentenced him to death by hanging. The presiding judge, Justice Rita Pemu, accused the lower court jude, Justice Mojisola Dada, of being ‘‘stroked to secure a conviction by all means.’’ Consequently setting Al-Mustapha free.’ Extracted from WIKIPEDIA

COURT 10: TALE OF MY NARROW ESCAPE!

COURT 10: TALE OF MY NARROW ESCAPE!

I have always believed in adequate preparedness when it comes to court matters and trials, but on Wednesday in court 10, I was caught off guard. At our last adjourned date, the complainant, was not in court, infact he has never been in court, because he is the ‘ oga at the top’ who decided to deal unjustly with my client. This made the magistrate really mad, how can a man who calls himself a honourable at the House of Representative, make a mockery of our court system, why would he instigate a criminal case against the defendant and for close to a year never appear in court. It couldn’t get any better, this was icing on the cake for me, so I immediately ceased the opportunity to humbly ask that the matter be struck out. The magistrate was in agreement with me, but refused to strike out the case, on the grounds that she was going to give the complainant, one more chance to make himself available in court. if he was not in court at the next adjourned date, then she would gracefully strike out the case.

So my client and I went home, confident, that ‘Oga at the Top’ wont stoop low to appear in the magistrate court, and also considering the fact that my client was set up, and unjustly charged for an offence he never committed. So you can imagine my surprise when on Wednesday, we got to court only to discover that the Magistrate had been transferred and that a new magistrate appointed. The implication of this is that the matter would start ‘de novo’ afresh. I was thrown a bit off balance. As expected the complainant was not in court, the prosecutor, claimed that he was part of the team, reviewing the constitution ( a big lie, because of Ramadan( month Muslims are  fasting), all members of House of Representative and Assembly are on recess) but he however had one witness in court the Investigating Police Officer (IPO).

The charge was read out to my client again, he pleaded not guilty before the new Magistrate, and I adopted the former bail conditions, that were granted by the former magistrate. The prosecutor requested that we commence trial, i did not object, I felt I had all the materials to deal with a trial, the case was thereafter stood down for trial, we went on recess to resume in an hour.

It was during the recess that reality struck, because I was so confident that there would be no trial, I did not check the law books, and laws I had carried. The only evidence against my client was his hand written statement, which was gotten by force and duress. Whereas I had my evidence Act , I did not have the LAW ON CRIMINAL JUSTICE ADMINSTRATION IN THE HIGH COURTS AND MAGISTRATE COURTS OF LAGOS STATE AND FOR OTHER CONNECTED MATTERS . Section 3(2) states that a lawyer must be present when a defendant makes a voluntary statement, I was heavily pregnant, when he made that statement and my Associate who was suppose to represent me, was far from him when he wrote his 10 page statement. (please never write a lengthy statement in the police station, a page is ok, preferably half a page).

Any way trial started, and the IPO, was invited to the witness stand and he took his oath with the holy bible. The Prosecutor started his examination –in- chief, and I just liked the IPO’s response, good for my case. Then the prosecutor brought my client’s statement to be admitted as evidence in the case. I stood up to object, relying on the Evidence Act, which I had with me, which says that a voluntary statement gotten by force or duress by a person in authourity would not be admissible, then I made the brave attempt of citing the law which I could not provide to the court. Very embarrassing but brave, I could not cite the name of the law, I knew it was Section 3(2), I knew the content, I was mumbling words, the magistrate, was flashing the law at my face, but definitely could not help me out and no other lawyer had the law in court. LOL!

Well the magistrate was kind enough to give me one week to provide her with the law, and kindly adjourn the matter for ruling. That’s the tale of my narrow escape. Any way the law has been sent to the court, by my secretary and I am praying for a favourable ruling at the next adjourned date.

Words and Meaning.

1.  Ruling: a ruling is like a mini judgment, given by a magistrate or judge to clear any issue that arises during a matter in court.

2.  Oga at the top : ‘Pidgin English’ , phrase means a person in authourity.

ANNUAL FREE ON-LINE LEGAL CONSULTANCY SERVICES.

MUBAK LEGAL CONSULT: ANNUAL FREE ON-LINE LEGAL CONSULTANCY .

Mubak Legal Consult, is a law firm registered in Lagos State, Nigeria. Once in every year, Mubak Legal Consult, renders free legal consultancy as its community service. This programme would last only for a week commencing from 29^th July 2013 to 4^th August 2013 . You can participate by sending your questions  via my box on facebook, or our email address @ mubaklegalconsult@yahoo.com. You can also follow me on my blogs, Diarynigerianlawyer.blogspot.com, mubaklegalconsult.blogspot.com, mubaklegalconsult.wordpress.com

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DREAMING!

DREAMING!

I love to dream, its one thing that no one can take away from you or inter fare  with. just you in your own world projecting your life the way you want it. its a way of planning ahead, within your self, no limit to your dreams, you can picture your life just the way you want, make prophetic plans, and see them actualized. these days i prefer to just withdraw to myself meditating, so interesting to know that i have so much space, to express my inner most thought, wishes and plans.

we have so much to be grateful to God for. He has given us the ability to THINK FOR OURSELVES and TO DREAM,  rising  us above all other things He has created. God created the ANGELS, ANIMALS, AND MAN. But only man has the ability to 'reason' before making or taking a decision.

life for me is  a dream, and i am grateful to God for this gift, my family, and my career.

Godbless

DIARY OF A NIGERIAN LAWYER: MOTHERHOOD AND LEGAL PRACTICE

DIARY OF A NIGERIAN LAWYER: MOTHERHOOD AND LEGAL PRACTICE: OH LORD NOT ENOUGH WORDS TO SAY THANK YOU! Motherhood and legal practice; not an easy mix but i must confess that  Motherhood has bein...

MOTHERHOOD AND LEGAL PRACTICE

OH LORD NOT ENOUGH WORDS TO SAY THANK YOU!

Motherhood and legal practice; not an easy mix but i must confess that  Motherhood has being the  most humbling  experience for me.  the first three months after the birth of my child, was a period i tagged as adjustment time, i had to adjust to  the reality that my time was no longer for only me and my hubby, i now had a third person to worry about, share my space with and my time. i dont think i ever  rested , it was my son, my school work and a bit of legal practice ( just verbal legal advice and drafting of documents). for my clients they had no issues, and i am ever grateful to my clients, who understood that i could not go to court and also thankful to my colleagues and associates who stood in for me for those court cases, that could not be suspended.

i must add that for the first time in my life i appreciated being a self employed lawyer. Its a blessing for me to be able to work, care for my family and at the same time, have ample time for myself. Motherhood is a blessing, from God.  My Nnamdi has grown so big, now eight months plus, sleeping peacefully on one arm, as i type with the other hand. Oh Lord not enough words to say Thank you.